No pre-arrest bail needed if applicant not yet arrayed as accused; notice under BNSS Section 35(3) suffices.

ORDER

This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ) seeking pre-arrest bail in Crime No.898/2025 of Walayar Police Station, Palakkad District.

2. I have heard the learned counsel for the applicant as well as the learned Senior Public Prosecutor.

3. The learned Senior Public Prosecutor on instructions submits that the applicant has not been arrayed as an accused so far in the above crime. In these circumstances, there is no basis for apprehension of arrest. However, if the investigating officer during investigation finds that the applicant is involved in the crime and committed a cognizable offence specified in sub-section (1) of Section 35 of BNSS and forms an opinion that the arrest of the applicant is not required under sub- section (1) of , he shall issue notice to the applicant as contemplated under sub-section (3) of and the applicant shall comply the terms of the said notice.

With the above observations, the bail application stands dismissed.